Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35753 of 2018 Applicant :- Arti Upadhyay Opposite Party :- State Of U.P.
Counsel for Applicant :- Bishram Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Sri Kameshwar Singh, Advocate has filed memo of appearance on behalf of the informant which is kept on record.
Heard learned counsel for the applicant, learned AGA for the State of U.P as well as learned counsel for the informant and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that in this case, no specific role has been assigned to the applicant and the allegations more or less are general in nature and there is no particular role played by the present applicant in commission of the offence who happens to be Chachiya mother-in-law of the deceased. In this case, co-accused Vinay Kumar Upadhyay (Chachiya father-in-law) and Rajendra Prasad Upadhyay (father-in-law) of the deceased have been admitted to bail by this Court vide orders dated 25.10.2017 and 02.02.2018 in Criminal Misc. Bail Application Nos.40464 of 2017 and 3947 of 2018, respectively. The applicant is languishing in jail since 18.08.2018.
Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Arti Upadhyay involved in Case Crime No.678 of 2017, under Sections 304B, 504, 498A I.P.C. and 3/4 Dowry Prohibition Act, Police Station Chitbaragaon, District Ballia be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 20.9.2018 rkg